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AMERICAN LEGION POST #21 McMinnville, Oregon

Constitution

Preamble

FOR GOD AND COUNTRY, WE ASSOCIATE OURSELVES TOGETHER FOR THE FOLLOWING PURPOSES:

TO UPHOLD AND DEFEND THE CONSTITUTION OF THE UNITED STATES OF AMERICA. 

TO MAINTAIN LAW AND ORDER. 

TO FOSTER AND PERPETUATE A ONE HUNDRED (100) PERCENT AMERICANISM.

TO PRESERVE THE MEMORIES AND INCIDENTS OF OUR ASSOCIATIONS OF THE GREAT WARS.

TO INCULCATE A SENSE OF INDIVIDUAL OBLIGATION TO OUR COMMUNITY, STATE AND NATION.  

TO COMBAT THE AUTOCRACY OF BOTH THE CLASSES AND THE MASSES.

TO MAKE RIGHT THE MASTERS OF MIGHT.

TO PROMOTE PEACE AND GOODWILL ON EARTH.

TO SAFEGUARD AND TRANSMIT TO POSTERITY THE PRINCIPLES OF JUSTICE, FREEDOM AND DEMOCRACY.

TO CONSECRATE AND SANCTIFY OUR COMRADESHIP BY OUR DEVOTION TO MUTUAL HELPFULNESS.

Objective and Purpose

     The objectives and purposes of this Post shall be to promote the principles and policies as set forth in the forgoing Preamble and The National and Department Constitutions of The American Legion.

Nature

     Section #1: This Post is a Civilian Organization and Membership herein does not affect or increase liability for Military or Police Services.

     Section #2: This Organization shall be absolutely Non-Political and shall not be used for the dissemination of partisan principles nor for the promotion of the Candidacy of any person seeking public Office or preferment. No candidate for nomination or election to, or no incumbent of any remunerative elective office shall hold any elective office of any appointed remunerative office in the Post of The American Legion.  

     Section#3: Rank does not exist in The American Legion. No member shall be addressed by his / her military title in any meeting of the Post.

Membership

     Section #1: Eligibility for Membership in this Post shall be as prescribed by The National Constitution of The American Legion.

     Section #2: Application for Membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Committee. A copy of the applicants DD-214 or other qualifying documents must also be submitted and kept on file (for tax purposes) and must show “Honorable” or “Under Honorable Conditions”

     Section #3: All applications for membership shall be acted upon at the next Post Meeting following the making of such application, and shall at such meeting be accepted, rejected, or referred for further investigation and consideration. If ten (10) or more members cast their vote against the acceptance of said member, then such application shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of one (1) year from the date of such rejection.

     Section #4: Members may be suspended or expelled from The American Legion only upon proper showing of cause and upon proceedings as provided for in The Officers Guide “Practices and Procedures in the Expulsion or Suspension of a Member of The American Legion” Any appeal shall be taken to the Department Executive Committee and the case shall be tried anew. The decision of The Department Executive Committee in such cases shall be final.

      Section #5:  A member who has been suspended from this Post for any cause may be re-instated to membership by a majority vote (2/3’s) of the membership present at a Post Meeting a quorum must be present and the payment of current dues for the year in which the re-instatement occurs.

     Section #6: No person who has been expelled by any other Post shall be admitted to membership in this Post. He / she may appeal to the State Department Executive Committee of the Department State of the expelling Post for permission to apply for membership in another Post, and shall not be eligible for membership until such permission is granted.

Officers

     Section #1: The administrative affairs of this Post of The American Legion shall, except as may be otherwise provided by the By-Laws, be under the Supervision of the Executive Committee. This Post, by it’s By-Laws, may provide for such other standing committees as the business of the organization may require.

     Section #2: The Officers of this Post shall be:

Post Commander

Post 1st Vice Commander

Post 2nd Vice Commander

Post Adjutant

Post Judge Advocate

Post Finance Officer

Post Service Officer

Post Sgt.-at-Arms

Post Chaplain

Post Historian

 

Immediate Past Post Commander

 

     Section #3: All Officers shall be elected annually on the 3rd Wednesday in May Installation of Officers will take place on the 3rd Wednesday in June.

     Section #4: Members At-Large shall be nominated from the floor and voted upon immediately following the annual elections in May and Installed in June with Officers.

     Section #5: The Post shall elect its Officers for the ensuing year not less than forty-five (45) days 3rd Wednesday in May prior to The Department Convention of that year. Such Officers shall be Installed within that period of forty-five (45) days-3rd Wednesday in June prior to Department Convention of that year or not later than the first General Meeting of September, or September 20th, of such year, whichever is the earliest date? All Installations of Officers of Posts shall be subject to approval of the Commander of The District.

     Section #6: Any member that is not in “Good Standing” with this Post, as described in the By-Laws, will be prohibited from running for a position on The Executive Committee.

     Section #7: The personal liability of each member, for monetary or other damages, for conduct as an Executive Committee person, Officer or Member shall be limited to the fullest extent permitted by law.

Finance

     Section #1: The revenue of this Post shall be derived from but not limited to Membership dues and from such other sources as may be approved the executive committee. The Executive Committee may approve initiation fees from annual membership dues.

     Section #2: The amount of such membership or initiation fees and the amount of such annual Post dues shall be fixed and determined by The Post.

     Section #3:  The Post shall pay National and Departmental annual membership dues for every Member of The Post.

Charter Members

     Section #1: Members who joined this Post prior to issuance of The Permanent Charter shall be known as Charter Members.

American Legion Auxiliary

     Section #1: This Post recognizes an Auxiliary Organization to be known as The Auxiliary Unit # 21 of McMinnville Post # 21, The American Legion.

     Section #2: Membership in the Auxiliary shall be as prescribed by the National Constitution of The American Legion.

Section #3: The Auxiliary Unit # 21, is associated with Post #21, however, such Unit shall be a separate entity with its own Federal ID EIN Number, and thus be responsible for filing its own Tax Returns, By law.

Sons of the American Legion

     Section #1: This Post recognizes Squadron # 21, Detachment of Oregon, as a unit of The Sons of The American Legion of Post # 21.

     Section #2: Membership in the Sons of the American Legion, Sq #21 shall be as prescribed by the National Constitution of The Sons of the American Legion. The American Legion Post Adjutant or the Sons of the American Legion Adjutant must approve all applications for membership, provided that the Post Adjutant has delegated the Sq Adjutant authority to approve applications.

     Section #3: The Executive Committee has total and complete authority over the Sq # 21, as this Post is the parent organization of said Sq. The Sons of the American Legion can only operate under the sponsorship of this Post.

     Section #4: The Sons of the American Legion is a program of The American Legion and is a part of Post # 21; therefore, this Post shall be responsible for its Tax obligations, if any.

American Legion Riders

      Section #1: This Post recognizes The American Legion Riders of Oregon, as a unit of American Legion Post #21.

     Section #2: Membership in the ALR is as prescribed by the National Constitution of The American Legion, The American Legion Auxiliary and The Sons of The American Legion. All members in The ALR must further demonstrate current individual membership in The American Legion , The American Legion Auxiliary or The Sons of the American Legion.

      Section #3: The Post Adjutant must approve all membership, as a member of The American Legion Riders: as a member of The Legion, The Auxiliary or The Sons, unless The Post Adjutant has delegated The Riders Director the authority to approve ALR applications.

    Section #4: The American Legion Riders is a program of the American Legion Post #21: therefore this Post shall be responsible for its tax obligations, if any.

Amendments

      Section #1: This Constitution is adopted subject to the provisions of The National Constitution of the American Legion and The Department Constitution of The Department Oregon, The American Legion.

      Section #2: Any amendments to The National Constitution or Department Constitution which is in conflict with any provision herein, shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.

      Section #3: This Constitution may be amended annually at the elections held during the General Membership meeting in the month of March. In order for any amendment to pass, it must receive an affirmative vote of two-thirds 2/3 rd’s of the voting quorum members present. In order to hold an election on Constitutional amendments, the proposed amendment must have been submitted in writing to the By-Laws Committee by February. The proposed amendments must then be read at the General membership meeting held in February. Written notice must be given to the membership at least twenty-one (21) days prior to the March meeting to notify Post #21 members that such a vote will be held on proposed, modifications or revisions to the amendments to the By-Laws or Constitution. The Post Newsletter is considered Legal Notification for the purposes of these amendments. It may list changes specifically or state ”An election to amend Post #21’s Constitution and or By-Laws will be held at the General Membership meeting in March”. The changes will be mailed under separate cover giving each member at least twenty-one (21) days prior to election to review said changes.  Upon written consent, any member may agree to receive notice via e-mail as opposed to physical mailing of proposed changes.

Adopted by The General Membership, by two-thirds (2/3rd’s)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

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